California 2023 2023-2024 Regular Session

California Senate Bill SB918 Amended / Bill

Filed 06/20/2024

                    Amended IN  Assembly  June 20, 2024 Amended IN  Senate  May 02, 2024 Amended IN  Senate  March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 918Introduced by Senator UmbergJanuary 10, 2024An act to add Chapter 31.6 (commencing with Section 22946) to Division 8 of the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTSB 918, as amended, Umberg. Law enforcement liaisons: search warrants.Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.This bill would require a social media platform to, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information. The bill would, except as prescribed, also require a social media platform to immediately comply with a search warrant within 72 hours if the search warrant is provided to the social media platform by a law enforcement agency if and the subject of the search warrant is information associated with an account on the social media platform owned and that information is controlled by a user of the social media platform.This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (c)(d) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.(b) (1) Except as provided by any other law, a social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform. within 72 hours if both of the following apply:(A) The search warrant is provided to the social media platform by a law enforcement agency.(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.

 Amended IN  Assembly  June 20, 2024 Amended IN  Senate  May 02, 2024 Amended IN  Senate  March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 918Introduced by Senator UmbergJanuary 10, 2024An act to add Chapter 31.6 (commencing with Section 22946) to Division 8 of the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTSB 918, as amended, Umberg. Law enforcement liaisons: search warrants.Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.This bill would require a social media platform to, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information. The bill would, except as prescribed, also require a social media platform to immediately comply with a search warrant within 72 hours if the search warrant is provided to the social media platform by a law enforcement agency if and the subject of the search warrant is information associated with an account on the social media platform owned and that information is controlled by a user of the social media platform.This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  June 20, 2024 Amended IN  Senate  May 02, 2024 Amended IN  Senate  March 18, 2024

Amended IN  Assembly  June 20, 2024
Amended IN  Senate  May 02, 2024
Amended IN  Senate  March 18, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 918

Introduced by Senator UmbergJanuary 10, 2024

Introduced by Senator Umberg
January 10, 2024

An act to add Chapter 31.6 (commencing with Section 22946) to Division 8 of the Business and Professions Code, relating to social media platforms.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 918, as amended, Umberg. Law enforcement liaisons: search warrants.

Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.This bill would require a social media platform to, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information. The bill would, except as prescribed, also require a social media platform to immediately comply with a search warrant within 72 hours if the search warrant is provided to the social media platform by a law enforcement agency if and the subject of the search warrant is information associated with an account on the social media platform owned and that information is controlled by a user of the social media platform.This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users.

Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.

This bill would require a social media platform to, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information. The bill would, except as prescribed, also require a social media platform to immediately comply with a search warrant within 72 hours if the search warrant is provided to the social media platform by a law enforcement agency if and the subject of the search warrant is information associated with an account on the social media platform owned and that information is controlled by a user of the social media platform.

This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (c)(d) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.(b) (1) Except as provided by any other law, a social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform. within 72 hours if both of the following apply:(A) The search warrant is provided to the social media platform by a law enforcement agency.(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (c)(d) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.(b) (1) Except as provided by any other law, a social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform. within 72 hours if both of the following apply:(A) The search warrant is provided to the social media platform by a law enforcement agency.(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.

SECTION 1. Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read:

### SECTION 1.

 CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (c)(d) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.(b) (1) Except as provided by any other law, a social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform. within 72 hours if both of the following apply:(A) The search warrant is provided to the social media platform by a law enforcement agency.(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.

 CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (c)(d) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.(b) (1) Except as provided by any other law, a social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform. within 72 hours if both of the following apply:(A) The search warrant is provided to the social media platform by a law enforcement agency.(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.

 CHAPTER 31.6. Social Media Platforms and Law Enforcement

 CHAPTER 31.6. Social Media Platforms and Law Enforcement

22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (c)(d) Social media platform has the same meaning as defined in Section 22945.



22946. As used in this chapter:

(a) Law enforcement agency means a law enforcement agency in the state.

(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.

(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code.

(c)



(d) Social media platform has the same meaning as defined in Section 22945.

22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.(b) (1) Except as provided by any other law, a social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform. within 72 hours if both of the following apply:(A) The search warrant is provided to the social media platform by a law enforcement agency.(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.



22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.

(b) (1) Except as provided by any other law, a social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform. within 72 hours if both of the following apply:

(A) The search warrant is provided to the social media platform by a law enforcement agency.

(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.

(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.

22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.



22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.